By Aman Sharma
In a significant order, a UAPA Tribunal has ruled that asking for Plebiscite in Jammu and Kashmir or advocating for the ‘Right of Self-Determination’ is a secessionist activity and an offence under the anti-terrorism law.
The UAPA Tribunal has said this in a 148-page judgement on June 22 while upholding the ban on terrorist Masrat Alam’s organisation – Muslim League Jammu Kashmir (Masrat Alam faction). The Centre had banned the organisation in December last year and Alam has been lodged in Delhi’s Tihar Jail. Alam’s organisation contested the ban before the Tribunal, saying it only fights for self-determination of people and J&K and a plebiscite as per the UN resolutions of 1948. The UAPA tribunal has, however, rejected the contention.
The Tribunal has ruled that no one can take refuge behind the UN resolutions of 1948 as the said UN resolution is in a “peculiar historical context and susceptible to various interpretations.” The order further said that the sovereignty and territorial integrity of India is inviolable, and the same cannot be rendered violable in the “guise of any demand for a so-called plebiscite”. The ruling also said the contention that the peculiar background or circumstances of Kashmir legitimises the aforesaid objects or actions of Alam, “cannot be accepted”.
Over decades, most separatist leaders in J&K like the late Syed Ali Shah Geelani have justified their activities for the sake of a plebiscite in J&K and on the issue of self-determination. However, the Home Ministry told the Tribunal that the only natural corollary of demand of plebiscite is to have secession of territory of Jammu & Kashmir from India through plebiscite so that it can merge with Pakistan. The Centre said advocating “right of self-determination” is nothing but camouflage and a facade to advocating secessionism and cessation of part of the territory of Union of India, the judgement has recorded.
This story was originally published in news18.com. Read the full story here.
